Comment Re:No way! (Score 5, Insightful) 514
the American Competitiveness in the 21st Century Act permits H-1B portability, provided another employer is willing to sponsor the H-1B worker. claims that H-1Bs are indentured servitude are entirely baseless.
Yes, I know this, but how many H-1B employees do you know who have made the successful transition?
I know it happens, but it's an incredibly stressful event for the employee in question and there is actually no guarantee that it will succeed considering the temperamental nature of the INS and the unnecessarily small pool of companies willing to go through the trouble of sponsoring a worker already in the US.
I was personally involved in the sponsorship of one Indian employee who had gotten their doctorate from a top US Ivy school, and yet the INS still delayed the visa unnecessarily by an extra year. Thankfully, that person was living in India at the time and my company could afford to wait for the paperwork to finally settle, but imagine if that person had been already living in the US, or if my company had been less patient.
I guess one could try to say the same thing about employment in general. There is actually no guarantee of a job for anyone, even for US workers, but my point is that the constraints are completely different when you're under an existing H1B visa.
And my comparison with indentured servitude is still just as valid. After all, indentured servants in Colonial America were still free to find new employers, assuming those new employers bought out their original contract.